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What is Divorce Mediation?
Some questions people have when considering divorce mediation follow:
Why Should I Consider Divorce Mediation?
- Allows separating or divorcing couples to plan their individual lives
- Occurs within a healthy environment where positive future decisions may be made
- If you are a parent, mediation will help you and your soon to be ex-spouse make joint decisions about your
- children’s future
- The decision process used in divorce mediation can be used as a model for future communication
- Mediated settlements have a higher compliance rate because the spouses have formed this agreement together.
How does the divorce mediation process work?
- The couple will meet with the mediator in a series of 1-2 hour sessions
- In the first meeting, the couple and the mediator identify the issues to be discussed and discuss information that will be shared.
- Among the meetings, relevant financial data will be gathered along with any other necessary data such as opinions of appraisers or accountants.
- In later meetings, discussions will focus on how to solve issues in order to satisfy both spouses.
- The mediator will come in handy by providing information on the court system and how divorce problems are commonly resolved.
- When the spouses and the mediator reach a mutual agreement, the mediator will draft this agreement into writing and review it for both parties and their attorneys (if present).
How long does divorce mediation take?
The length of the divorce mediation is dependent on several factors such as:
- The complexity of the issues
- Flexibility of the individuals
- Ability to negotiate an agreement
The average case takes about four two hour mediation sessions over a one to two month span. If the case is more complex, it may take between four to six hours to complete.
How much will it cost you?
The average case, consisting of 3 - 5 divorce mediation sessions can run anywhere from $3,000 - $4,000
Breakdown of expenses:
- $900 - $1,200 (mediation sessions)
- $ 900 (preparation of the Marital Settlement Agreement)
- $1,200 (preparation of the Petition, disclosure forms, judgment)
- $195 (court filing fees)
While the divorce mediation sessions are based on a pay as you go standard, the court papers and Marital Settlement Agreement are expected to be paid for in advance.
Is hiring a lawyer more cost efficient?
The majority of lawyers ask a retainer fee of $2,500 - $5,000, in addition to other charges added to this fee. In complex cases, the retainer fee is escalated, so it may be more cost efficient to hire a divorce mediator.
- Typical divorces cost anywhere form 2 – 10 times higher than the average mediation cost.
- In addition to the financial “cost”, the emotional toll on the family (especially those with children) is substantially higher in those who hired a lawyer rather than a mediator.
Should I see an attorney in addition to a divorce mediator?
Mediation is not a substitute for an attorney’s services. Using both is encouraged in order to obtain beneficial legal advice.
I think my case is too complicated for mediation.
There is no such thing as a case too complicated for divorce mediation. It is okay to seek outside advice from accountants, appraisers or attorneys during the divorce mediation process.
I don’t want what I say in mediation to be used against me in court.
State statutes dictate that no information from mediation may be used as evidence in court. Information shared in mediation is completely confidential.
Divorce mediation is very helpful in easing the divorce process. For information on divorce mediation, contact your local divorce mediator.
Are you in need of divorce mediation services?